Case 3:16-cr-00051-BR

Document 963

Filed 08/01/16

Page 1 of 5

U.S. Department of Justice

Billy J. Williams
United States Attorney
District of Oregon
(503) 727-1000
1000 SW Third Avenue, Suite 600
Fax (503) 727-1117
Portland, OR 97204-2902

July 29, 2016

Amy M. Baggio
Baggio Law
621 SW Morrison, Suite I 025
Portland, Oregon 97205
Re:

United States v. Joseph O'Shaughnessy, Case No. 3:16-CR-00051-BR-3

Plea Agreement Letter

Dear Ms. Baggio:

I.
Parties/Scope: This plea agreement is between this United States Attorney's Office
(USAO) and defendant, and thus does not bind any other federal, state, or local prosecuting,
administrative, or regulatory authority. This agreement does not apply to any charges other than
those specifically mentioned herein.

The defendant expressly understands that the United States Attorney's Office for the
District of Nevada is not a party to this agreement and that the United States Attorney's Office for
the District of Nevada is not entering into any agreement with defendant or making any promises
to defendant with respect to District of Nevada Case No. 2:16-CR-00046-GMN-PAL or any other
matter, under this letter. Defendant further expressly understands that he is potentially exposed to
separate penalties and consecutive sentences on any convictions obtained against him in the
District of Nevada.
2.
Charges: Defendant agrees to plead guilty to Count 1 of the Superseding Indictment,
which charges Conspiracy to Impede Officers of the United States, in violation of Title 18, United
States Code, Section 372.
3.
Penalties: The maximum sentence is 6 years' imprisonment, a fine of $250,000,
3 years of supervised release, and a $100 fee assessment. Defendant agrees to pay the fee
assessment by the time of entry of guilty plea or explain to the Court why this cannot be done.
4.
Dismissal/No Prosecution: The USAO will move to dismiss at sentencing any
remaining counts against defendant. The USAO further agrees not to bring additional charges
against defendant in the District of Oregon arising out of this investigation, known to the USAO at
the time of this agreement.
Revised 04/12/16

Case 3:16-cr-00051-BR

Document 963

Filed 08/01/16

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Amy M. Baggio
Re: Joseph O'Shaughnessy Plea Letter
July 29, 2016
Page 2

Sentencing Factors: The patties agree that the Court must first determine the applicable
5.
advisory guideline range, then determine a reasonable sentence considering that range and the
factors listed in 18 U.S.C. 3553(a). Where the parties agree that sentencing factors apply, such
agreement constitutes sufficient proof to satisfy the applicable evidentiaiy standard.
6.
Acceptance of Responsibilitv: Defendant must demonstrate to the Court that he fully
admits and accepts responsibility under U.S.S.G. 3El. I for his unlawful conduct in this case. If
defendant does so, the USAO will recommend a three-level reduction in defendant's offense level
(two levels if defendant's offense level is lower than I 6). The USAO reserves the right to change
this recommendation if defendant, between plea and sentencing, commits any criminal offense,
obstructs or attempts to obstruct justice as explained in U.S.S.G. 3Cl.1, or acts inconsistently
with acceptance ofresponsibility as explained in U.S.S.G. 3El.l.
7.
Guideline Calculation: The parties agree that defendant's advisory guideline calculation
is as follows:

Base Offense Level is 10 under U.S.S.G. 2Xl. l(a) and U.S.S.G. 2A2.4(a).
Because a dangerous weapon (including a firearm) was possessed and its use was
threatened, a 3-level upward adjustment applies under U.S.S.G. 2A2.4(b)(1 )(B) and
U.S.S.G. 1Bl.3(a)(l)(B).
Because the offense was calculated to influence or affect the conduct of government by
intimidation or coercion, or to retaliate against government conduct, a 5-level upward
departure applies under Application Note 4 to U.S.S.G. 3Al.4.
For defendant's acceptance ofresponsibility, a 3-Jevel downward adjustment applies
under U.S.S.G. 3El.l.
For factors under 18 U.S.C. 3553(a), a 2-level downward variance applies.

The parties anticipate that defendant's Total Offense Level will be 13, based on the calculation
above. The parties are making no agreement with respect to defendant's Criminal History
Category; however, the government agrees not to count any criminal history points resulting from
defendant's conviction in District of Nevada Case No. 2:16-CR-00046-GMN-PAL when making
its sentencing recommendation outlined in Paragraph 8.
8.
Sentencing Recommendation: So long as defendant continues to demonstrate an
acceptance ofresponsibility and qualifies for the downward variance under 18 U.S.C. 3553(a),
the government agrees to recommend a sentence at the low end of Offense Level 13. The
government will fmther recommend that the sentence in this case be imposed concurrently with
any sentence imposed in District of Nevada Case No. 2: 16-CR-00046-GMN-PAL. Defendant
may recommend any sentence he deems appropriate.

Revised 04/12116

Case 3:16-cr-00051-BR

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Filed 08/01/16

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Amy M. Baggio
Re: Joseph O'Shaughnessy Plea Letter
July 29, 2016
Page 3

9.
Abandonment of Firearms/Property: By signing this agreement, defendant hereby
voluntarily abandons all right, title, and interest to any prope1ty, firearms, and ammunition that
were seized by law enforcement in this investigation. Defendant also agrees not to file a claim,
and to withdraw any claim already filed, to any such property in any civil proceeding which has
been or may be initiated. Defendant fmther waives the right to notice of any forfeiture
proceeding involving this property and agrees not to assist others in filing a claim in any forfeiture
proceeding.

Restitution: The Court shall order restitution to each victim in the full amount of each
I 0.
victim's losses as required by law and determined by the Court. Defendant agrees to pay
restitution for all losses caused by defendant's conduct, regardless of whether counts of the
indictment or information dealing with such losses will be dismissed as part of this plea agreement.
Defendant agrees that, while the district comt sets the payment schedule, this schedule may
be exceeded if and when defendant's financial circumstances change. In that event, and
consistent with its statutory obligations, the United States may take any and all actions necessary
to collect the maximum amount of restitution in the most expeditious manner available.
Defendant agrees fully to disclose all assets in which he has any interest or over which the
defendant exercises control, directly or indirectly, including those held by a spouse, nominee, or
third party. Defendant agrees to truthfully complete the financial statement form provided herein
by the earlier of 14 days from defendant's signature on this plea agreement or the date of
defendant's entry of a guilty plea, sign it under penalty of perjury and provide it to both the United
States Attorney's Office and the United States Probation Office. Defendant agrees to provide
updates with any material changes in circumstances, as described in 18 U.S.C. 3664(k), which
occur prior to sentencing, within seven days of the event giving rise to the changed circumstances.
Defendant expressly authorizes the U.S. Attorney's Office to obtain a credit report on him.
Defendant agrees to provide waivers, consents, or releases requested by the U.S. Attorney's Office
to access records to verify the financial information, such releases to be valid for a period
extending 90 days from the date of sentencing. Defendant also authorizes the U.S. Attorney's
Office to inspect and copy all financial documents and infotmation held by the U.S. Probation
Office.
Defendant's failure to timely and accurately complete and sign the financial statement, and
any update thereto, may, in addition to any other penalty or remedy, constitute the defendant's
failure to accept responsibility under U.S.S.G. 3El .I.
11.
Waiver of Appeal/Post-Conviction Relief: Defendant knowingly and voluntarily
waives the right to appeal from any aspect of the conviction and sentence on any grounds, except
for a claim that: (I) the sentence imposed exceeds the statutory maximum, or (2) the Court arrives
at an advisory sentencing guideline range by applying an upward departure under the provisions of

Revised 04/12/16

Case 3:16-cr-00051-BR

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Filed 08/01/16

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Amy M. Baggio
Re: Joseph O'Shaughnessy Plea Letter
July 29, 2016
Page4

Guidelines Chapters 4 or SK, or (3) the Court exercises its discretion under 18 U.S.C. 3553(a) to
impose a sentence which exceeds the advisory guideline sentencing range as determined by the
court. Should defendant seek an appeal, despite this waiver, the USAO may take any position on
any issue on appeal. Defendant also waives the right to file any collateral attack, including a
motion under 28 U.S.C. 2255, challenging any aspect of the conviction or sentence on any
grounds, except on grounds of ineffective assistance of counsel, and except as provided in Fed. R.
Crim. P. 33 and 18 U.S.C. 3582(c)(2).
12.
Court Not Bound: The Court is not bound by the recommendations of the parties or of
the presentence repo1t (PSR) writer. Because this agreement is made under Rule 1 J(c)(l)(B) of
the Federal Rules of Criminal Procedure, defendant may not withdraw any guilty plea or rescind
this plea agreement ifthe Court does not follow the agreements or recommendations of the parties.
13.
Full Disclosure/Reservation of Rights: The USAO will fully inform the PSR writer and
the Court of the facts and law related to defendant's case. Except as set forth in this agreement,
the parties reserve all other rights to make sentencing recommendations and to respond to motions
and arguments by the opposition.

Breach of Plea Agreement: If defendant breaches the terms of this agreement, or

14.
commits any new criminal offenses between signing this agreement and sentencing, the USAO is
relieved of its obligations under this agreement, but defendant may not withdraw any guilty plea.
Defendant understands that any breach of this agreement will result in the government not
recommending a downward variance under 18 U.S.C. 3553(a) for early disposition and that a
breach may result in the government taking the position that the defendant has not accepted
responsibility under U.S.S.G. 3El.l.
If defendant believes that the government has breached the plea agreement, he must raise
any such claim before the district court, either prior to or at sentencing. If defendant fails to raise
a breach claim in district comt, he has waived any such claim and is precluded from raising a
breach claim for the first time on appeal.

Rnised 04/12/16

Case 3:16-cr-00051-BR

Document 963

Filed 08/01/16

Page 5 of 5

Amy M. Baggio
Re: Joseph O' Shaughnessy Plea Letter
July 29, 2016
Page 5

15.
Memorialization of Agreement: No promises, agreements or conditions other than
those set forth in this agreement will be effective unless memorialized in writing and signed by all
parties listed below or confirmed on the record before the Comt. If defendant accepts this offer,
please sign and attach the original of this letter to the Petition to Enter Plea.
16.

Deadline: This plea offer expires if not accepted by August I, 2016, at 9:00 a.m.

Sincerely,
BILLY J. WILLIAMS
United States Attorney

Isl Craig J. Gabri!!Z;

ETHAN D. KNIGHT
GEOFFREY A. BARROW
CRAIG J. GABRIEL
Assistant United States Attorneys

I hereby freely and voluntarily accept the terms and conditions of this plea offer, after first
reviewing and discussing every part of it with my attorney. I expressly waive my right to appeal
as outlined in this agreement. I am satisfied with the le I assistance provided to me by my
attorney. I wish to plead guilty because, in fact, I am u It

en~ant
\

\ I

~Je

I represent defendant as legal counsel. I

carefully reviewed and discussed every part
of this agreement with defendant. To my knowledge, defendant's decisions to enter into this
agreement and to plead guilty are informed and volunt y ones.
I

Revised 04/12/16